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People v. Vega

Appellate Division of the Supreme Court of New York, First Department
Feb 20, 1997
236 A.D.2d 293 (N.Y. App. Div. 1997)

Opinion

February 20, 1997.

Judgment, Supreme Court, New York County (John Bradley, J.), rendered March 7, 1995, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.

Before: Sullivan, J.P., Ellerin, Tom and Andrias, JJ.


The court properly ruled that the victim's identification of defendant was neither police-arranged nor unduly suggestive, where the victim led the police to defendant's room about 13 minutes after the robbery, and the identification was conducted only one and a half blocks from the crime scene ( see, People v Johnson, 81 NY2d 828). The court properly declined to submit to the jury the lesser included offense of robbery in the third degree, because there was no reasonable view of the evidence that defendant had committed the robbery without displaying a knife ( see, People v Scarborough, 49 NY2d 364).


Summaries of

People v. Vega

Appellate Division of the Supreme Court of New York, First Department
Feb 20, 1997
236 A.D.2d 293 (N.Y. App. Div. 1997)
Case details for

People v. Vega

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD VEGA, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 20, 1997

Citations

236 A.D.2d 293 (N.Y. App. Div. 1997)
654 N.Y.S.2d 299